Your acceptance of these Terms of Service with Alpinesoft IT Solutions Pvt. Ltd. ("Dil Se Dating", "us", "we" or "our" as applicable), as of the Effective Date and as modified from time to time ("Terms"), is required in order for you to access and use the Dil Se Dating services as enabled by the Dil Se Dating application and/or websites presenting these Terms ("Services"), including the functionality and Content (as defined below) Dil Se Dating makes available.
This document and the other documents that we reference below make up our Terms of Service
(or "Terms" for short).
In some instances, both these Terms and separate terms elsewhere on the Services will apply
to your use of the Services ("Additional Terms"). To the extent there is a conflict between these
Terms and any applicable Additional Terms, the Additional Terms will control unless they
expressly state otherwise.
Please read these Terms and our Privacy Policy ("Policy") carefully. If you do not agree to
these Terms or the Policy, you cannot use the Services and should discontinue use of the
Service. We provide the Services subject to your acceptance and ongoing compliance with
these Terms. We reserve the right at our discretion to modify these Terms periodically. We may
require your assent to the modified terms as a condition of your continued access to the
Services. Your continued use of the Services after the effective date of such modifications
indicates your acceptance to the modified Terms.
Please note that Section 7.5. Dispute Resolution, contains an arbitration clause and class action
waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual
arbitration, which means that you waive any right to have those disputes decided by a judge or
jury, and that you waive your right to participate in class actions, class arbitrations, or
representative actions.
If you violate any of these Terms, your permission to use the Services automatically terminates,
unless such violation is waived by us in writing in our sole discretion.
You must be over 13 years of age to use the Services. You are allowed to access and use the
Services only if you are legally permitted to do so via the laws of your jurisdiction, including laws
regarding minimum age requirements. You acknowledge that use of the Services requires
connection to, and data transfers over, the network and therefore may impact your data usage
charges imposed by your wireless operator.
1.0 LICENSED RIGHTS TO SERVICES AND CONTENT
1.1 Subject to your strict compliance with these Terms, particularly sections 2, 4, 6 and 7 below
and any Additional Terms, we grant to you a fee-bearing, non-exclusive, non-transferable,
revocable, non-assignable, personal, limited license to use the Services and access and use the
images, , video, graphics, text, posts, comments, signals, ratings, and any other text,
content, material, information or data accessible via use of the Services, including any of the
foregoing from other users (collectively, "Content"). You shall not sublicense, sell access, resell,
transfer, distribute, make derivative works or improvements of, monetize or commercially exploit
or make available, the Services.
1.2 You hereby grant to us without charge the perpetual, irrevocable, worldwide, non-exclusive
right and license to use, reproduce, modify, create derivative works and improvements of, and
distribute your Content for purposes of providing, developing, improving, and promoting the
Services. You hereby grant to all other users of the Service the perpetual, irrevocable,
worldwide, non-exclusive right to access and use your Content as part of the Services. Further,
you agree that we are free to use and implement in perpetuity without compensation, attribution
or obligation to you any feedback, improvements, recommendations, ideas, and error
corrections you voluntarily provide to us or we develop relating to the Services.
1.3 No other right or license to the Content is provided, and no other license shall be implied, by
course of conduct or otherwise. We retain all right, title and interest in and to the Services, and
all associated intellectual property rights. Except as expressly authorized by these Terms, you
shall not use, reproduce, or distribute Content contributed by other users or by us.
2.0 TERMS APPLICABLE TO CONTENT
2.1 All Content, whether publicly posted on or privately transmitted via the Services, is the sole
responsibility of the user from which such Content originated. You are entirely responsible for all
Content that you contribute. You shall not transmit Content or otherwise conduct or participate
in any activities via the Services which, in our sole judgment, is likely to be prohibited by law or
these Terms or violative of third party rights in any applicable jurisdiction.
2.2 You agree not to upload, download, display, or distribute any Content or otherwise engage
in any activity in connection with the Service that:
(a) is hateful, offensive, libelous, defamatory, obscene, pornographic, lewd, abusive, erroneous,
or threatening;
(b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil or
criminal liability, or otherwise violate any applicable local, state, national, or foreign law or
regulation;
(c) promotes illegal or harmful activities or substances;
(d) constitutes infringement of the intellectual property rights of any party;
(e) creates an impression that is incorrect, misleading, or deceptive, including by impersonating
others or otherwise misrepresenting your identity or affiliation with a person or entity;
(f) is for the purpose of soliciting other users to join commercial organizations or groups other
than groups established pursuant to the Services; and
(g) reveals other people's private or personal information without their express authorization and
permission.
You represent and warrant that all Content you submit is accurate and not misleading to the
best of your knowledge, is not confidential, and is not in violation of these Terms or third party
rights.
We may, in our sole discretion, terminate the Services as to any Content that we believe in our
sole judgment is not in compliance with these Terms. We may preserve and disclose Content if
required to do so by law or judicial or governmental mandate or as reasonably determined
useful by us to protect the rights, property or safety of Dil Se Dating, users and/or the public.
Although we are not obligated to monitor access to, or use of, the Services or Content or to
review or edit any Content, we have the right to do so for the purpose of operating the Services,
to ensure compliance with these Terms, and to comply with applicable law or other legal
requirements, but are not obligated to, remove or disable access to any Content at any time and
without notice, including but not limited to if we, at our sole discretion, consider any Content to
be objectionable or in violation of these Terms. We have the right to investigate violations of
these Terms or conduct that affects the Services. We may also consult and cooperate with law
enforcement authorities to prosecute users who violate the law.
2.3 You may be exposed to Content that is offensive, indecent, objectionable, false or
erroneous. You must evaluate, and shall bear all risks associated with, the use of any Content,
including any reliance on the accuracy, quality, integrity, completeness, or usefulness of such
Content. Under no circumstances will we be liable in any way for any Content, including, but not
limited to, liability for any errors or omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content. You hereby waive and release any claims
you may have against us arising or resulting from use or misuse of your Content, failure to
comply with or enforce these Terms, or for any act, omission, or conduct of any other user.
2.4 Dil Se Dating, any Service, other users, or a third party may provide links to other websites
or login access via such links. Such third party links and services shall not be construed as an
endorsement, sponsorship, or affiliation. We exercise no control whatsoever over such other
non-Dil Se Dating websites, services and web-based resources and are not responsible or
liable for the availability thereof or the content, advertising, products or other materials thereon,
or for any damage or loss incurred or suffered by any user in connection therewith. Your access
and use of same, including information, material, products and services therein, is solely at your
own risk.
2.5 We do not guarantee the authenticity of the identity of any user. Users are solely
responsible for authenticating the identity of other users. You acknowledge that identities may
be concocted and that other users may be acting under false pretenses or acting without
authority.
3.0 REGISTRATION DATA AND SIGN-ON CREDENTIALS
You will receive, or will be permitted to create, username and password information ("Sign-On
Credentials"). If you create your own Sign-On Credentials, such Sign-On Credentials are
subject to our approval and we reserve the right to refuse or revoke any Sign-On Credentials at
any time and for any reason.
You are wholly responsible for maintaining the confidentiality of your Sign-On Credentials and
wholly liable for all activities occurring under such Sign-On Credentials and within your account.
You shall not transfer to any party your Sign-On Credentials, or use the Sign-On Credentials of
another, without our prior written consent. You shall immediately notify us at
info@alpinesoftit.com of any unauthorized use of Sign-On Credentials or any other breach of
security. We will not be liable for any loss or damage arising from failure to comply with this
section or from unauthorized use of the Sign-On Credentials.
You can create your Sign-On Credentials on the Services via the mobile application, website, or
through your account with Facebook. If you choose the Facebook account option, we will create
your Sign-On Credentials by extracting from your Facebook account certain personal
information such as your name and email address and other personal information that your
privacy settings on your Facebook account permit us to access.
You must us provide with accurate, complete and up-to-date information for your Sign-On
Credentials and must update such information, as needed, to keep it accurate, complete and
up-to-date. If you do not do so, we have the right to suspend or terminate your Sign-On
Credentials and your account.
4.0 SITE AND SERVICE INTEGRITY
4.1 You shall not use the Services or engage in any activity that in any manner could damage,
disable, overburden, or impair the Services, or any Dil Se Dating server, or the network(s)
connected to any Dil Se Dating server, or interfere with any other party's use and enjoyment of
the Services. You shall not attempt to falsify or alter Content posted by others except via normal
and intended operation of the Services. You may not attempt to gain unauthorized access to
other accounts, computer systems or networks connected to any of our servers or to any of the
Services, through hacking, password mining or any other means, or exploit bugs or weaknesses
in the Services.
4.2 You are prohibited from violating or attempting to violate any security features of the
Services, including, without limitation:
(a) accessing Content not intended for you, or logging onto a server or account that you are not
authorized to access;
(b) attempting to probe, scan, or test the vulnerability of the Services, or any associated system
or network, or to breach security or authentication measures without proper authorization;
(c) interfering or attempting to interfere with Services to any user, host, or network, including,
without limitation, by means of submitting a virus, overloading, "flooding," "spamming," "mail
bombing," or "crashing";
(d) using the Services to send unsolicited messages, including, without limitation, promotions or
advertisements for products or services;
(e) publishing or linking to malicious content intended to damage or disrupt another user's
browser or computer or to compromise a user's privacy or anonymity;
(f) forging any TCP/IP packet header or any part of the header information;
(g) accessing or tampering with non-public areas of the Services, our computer systems, or the
technical delivery systems of our providers;
(h) accessing or searching the Services by any means (automated or otherwise) other than
through the currently available, published interfaces that are provided by us (and only pursuant
to those terms and conditions), unless you have been specifically allowed to do so in a separate
agreement with us; or
(i) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or
attempt to reduce to a human-perceivable form any of the source code used by us in providing
the Services.
4.3 You shall not engage in harvesting or other collection of information about other users,
without our prior and each such user's prior written consent. You agree not to use or launch any
automated system, including without limitation, "robots", "spiders", "crawlers", data mining tools
etc. that accesses the Services, including in a manner that sends more request messages to
our servers in a given period of time than a human can reasonably produce in the same period
by using conventional on-line web browsers.
4.4 You may not obtain or attempt to obtain any materials or information through any means not
intentionally made available through the Services. The Services are for your personal and
individualized use only. Without limiting the generality of the foregoing, you shall not publish,
distribute or transmit to the general public via any medium, whether via print, online, or
otherwise, the Content or Services, except through or as otherwise authorized by us, and you
shall not engage in "framing," "mirroring," or otherwise simulating the appearance or function of
the Services. You may not use any meta tags or other hidden text or metadata utilizing any
Dil Se Dating trademark, logo URL or product name without our express written consent. You
shall not remove any copyright, trademark or other proprietary rights notices visible via use of
the Services.
4.5 While we will use reasonable efforts to back up site data and make such data available in
the event of loss or deletion, we have no responsibility or liability for the deletion or failure to
store any Content. It is your sole responsibility to back up all your Content, Sign-On Credentials
and data associated with you or your account. We have no obligation to store, maintain or
provide you a copy of any Content that you or other users provide when using the Services. We
reserve the right to mark as "inactive" and archive Dil Se Dating accounts that are inactive for
an extended period of time. Further, Dil Se Dating may monitor and collect information
(including but not limited to technical and diagnostic information) about your usage of the
Services in order to improve the Services and to verify compliance with these Terms. See our
Privacy Policy for more detail on what information we collect.
4.6 Because no online system is perfectly secure or reliable, the Internet is an inherently
insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet
service provider, and other service providers cannot be assured, you accept security risks, and
the responsibility for choosing to use a technology that does not provide perfect security or
reliability.
5.0 DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNIFICATION
5.1 Important Provision Concerning Health-Related Content
The Services do not constitute medical or other professional advice. The Services are not
intended as a substitute for professional medical advice, diagnosis, or treatment. Any content
concerning or related to physical or mental health that you may find in the Services is broad in
nature and in scope, describes only general principles, is not specific to you as an individual and
does not take into account your personal circumstances, and may not be appropriate or relevant
to your personal situation. Content in the Services is not intended to be used to diagnose, treat,
cure, or prevent any medical conditions and is not a substitute for consulting with your own
healthcare professionals. If you have any concerns or questions about your physical or mental
health, you should consult your own healthcare professionals. Reliance on any information
provided through the Services is solely at your own risk. Never disregard professional medical
advice or delay in seeking it because of something that you have read, seen, or heard on our
Services.
5.2 DO NOT RELY ON THE SERVICES, ANY INFORMATION THEREIN, OR ITS
CONTINUATION. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. SERVICES ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WE ASSUME NO
RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE OF THE
SERVICES OR TO STORE OR DISPLAY ANY CONTENT, USER COMMUNICATIONS OR
PERSONALIZATION SETTINGS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE
SERVICES. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. Specifically, we make no warranty that:
(a) the Services will meet your requirements, goals or needs,
(b) Services access will be uninterrupted, timely, secure or error-free, or
(c) any errors or deficiencies will be corrected.
Further, scheduled and preventive maintenance as well as required and emergency
maintenance work may temporarily interrupt access to the website or Services. We reserve the
right to discontinue or change the Services in any way and at any time, with or without notice to
you, without liability.
5.3 We do not represent or warrant that Content available on or from the Services are accurate,
complete, reliable, current or error-free or that the Services are free of viruses or other harmful
components and, accordingly, you should exercise caution in the use of the Services. You
download, access or otherwise obtain Content from the Service at your own discretion and risk
and you are solely responsible for your use thereof, and any damages to your computing
device, and any loss of data, and any other damage or harm of any kind, that may result
therefrom.
5.4 Excluding only damages arising out of our gross negligence, fraud, or willful misconduct, we
shall not be liable for any direct, indirect, incidental, special, consequential or exemplary
damages, including but not limited to damages for loss of revenue, profits, goodwill, use, data or
other intangible losses (even if we have been advised of the possibility of such damages),
resulting from use or inability to use the Content or any Service; the cost of procurement of
substitute services; unauthorized access to or alteration of a user's Content; statements or
conduct of any third party on the Services; or any other matter relating to Dil Se Dating, Content
or the Services. Any liability to you or any third party in any circumstance is limited to US$50 in
the aggregate. Some jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to you. The
foregoing limitations and exclusions apply to the maximum extent permitted by applicable law.
5.5 You agree to defend, indemnify, release and hold harmless us, our suppliers, and all
officers, directors, employees, consultants, agents, and representatives of any of the foregoing
(collectively "Indemnified Parties") from and against any and all claims (including third party
claims), losses, liability, damages, and/or costs of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected
with:
(a) your unauthorized access to or use of, the Content and Services,
(b) your violation of these Terms, or
(c) your infringement, or infringement by any other user of your account, of any intellectual
property or other right of any person or entity. Further, in the event you have a dispute with one
or more other users, you hereby release the Indemnified Parties from claims, demands and
damages (actual, direct and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, foreseeable and unforeseeable, arising
out of or in any way connected with such disputes.
6.0 PAYMENT
The App is free to download. We have certain content products that you may optionally
purchase using the in-app purchase facilities on the Google Play Store and Apple App Store.
Fees and any other charges for the use of the Services, if any, are described on the App. Fees
may change from time to time. If we change fees or charges, we will give you reasonable notice.
If they do change, your continued use of the App after the change indicates your agreement
with the new fees and charges after the effective date of the change. Any change to fees and
other charges will not be applicable to the billing period in which the change occurs. We reserve
the right at any time to correct any inadvertent pricing errors, to change or revoke any
limited-time offer, and to correct any errors or inaccuracies in the App. You are responsible for
all taxes applicable to the fees in any applicable jurisdiction.
7.0 GENERAL PROVISIONS
7.1 Service Discontinuance.
We may from time to time modify or discontinue, temporarily or permanently, access to the
Services (or any part, feature, or functionality thereof). We shall not be liable for any such
modification, suspension or discontinuance.
7.2 Account Termination.
We reserve the right, in our sole discretion, to remove or reject any Content by you, or to deny,
restrict, suspend, discontinue, or terminate your account, Sign-On Credentials or access to the
Services or any portion thereof at any time, with or without prior notice or explanation, for any or
no reason, and without liability. We may additionally terminate your account for cause, including
for:
(a) violation of these Terms;
(b) abuse of Services resources or any attempt to gain unauthorized entry to the Services;
(c) use of the Services in a manner inconsistent with the purpose of the Services;
(d) your request for such termination; and
(e) the requirements of applicable law, regulation, court or governing agency order.
Our termination of any user's access to the Services may be effected without notice and, on
such termination, we may immediately deactivate or delete any user's account and Content,
and/or bar any further access to the Services. We shall not be liable for any termination of
access to the Services.
7.3 Trademarks.
You are granted no right, title or license to any third party trademarks by these Terms, or to any
of our trademarks or service marks except as expressly set forth in these Terms. We reserve all
right, title and interest in and to our trademarks, service marks, trade names, domain names,
and similar identifiers.
7.4 Governing Law.
These Terms, the Services, and Content, and any disputes related to or concerning any of the
foregoing (including tort, contract and privacy claims, and whether pre-contractual or
extra-contractual) shall be governed by the laws of the New Delhi, India.
You agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to these Terms, the Services, or Content, must be filed within
one (1) year after such claim or cause of action arose, or be forever barred.
7.5 Dispute Resolution.
Any disputes between or claims brought by you or us arising out of or related to these Terms,
the Services, or Content (including tort, privacy as well as contract claims, and whether
pre-contractual or extra-contractual, as well as the arbitrability of any disputes) shall be referred
to and finally settled by binding arbitration before the International Court of Arbitration in
accordance with the Rules of Arbitration of the International Chamber of Commerce ("ICC") in
effect at the time of arbitration except as inconsistent with this section. The arbitration shall be
conducted by telephone, on-line and/or based solely upon written submissions where no
in-person appearance is required. If in-person appearance is required, such hearings shall be
held in New Delhi, India. All awards may if necessary be enforced by any court having
jurisdiction. The existence of any dispute, the existence or details of the arbitration proceeding,
and all related documents, materials, evidence, judgments and awards therein, shall be kept
confidential. Except as required by law, no party shall make any public announcements with
respect to the proceeding or the award, except as required to enforce same. You and we agree
that by entering into this Agreement, the parties hereby waive the right to a trial by jury and
agree to only bring claims in an individual capacity and not as a plaintiff or class member in any
purported class or representative proceeding. Notwithstanding the foregoing, nothing in this
section shall preclude the right and ability to file and maintain at any time an action for recovery
of injunctive or provisional relief in any court of competent jurisdiction under the laws applicable
thereto. All claims (excluding requests for injunctive or equitable relief) between the parties must
be resolved using arbitration in accordance with this section. Should either party file an action
contrary to this section, the other party may recover lawyers' fees and costs, provided that the
party seeking the award has notified the other party in writing of the improperly filed claim, and
the other party has failed to withdraw the claim.
7.6 Assignment.
These Terms shall not be assigned, delegated, or transferred by you, in whole or in part,
whether voluntary, involuntary, by merger, consolidation, dissolution, sale of assets, or
otherwise, without our prior written consent. Any such purported assignment, delegation or
transfer without such written consent shall be void. We may at any time assign these Terms
without prior consent or notice. These Terms shall be binding on, and inures to the benefit of,
the parties and their respective and permitted successors and assigns.
7.7 Injunctive Relief.
You acknowledge and agree that breach of these Terms, or any unauthorized use, disclosure or
distribution of the Content, may cause irreparable harm to us, the extent of which would be
difficult to ascertain, and that we shall be entitled to seek immediate injunctive relief (in addition
to any other available remedies), in any court of competent jurisdiction under the applicable
laws thereto.
7.8 Miscellaneous.
The Terms constitute the entire agreement between you and us and govern your use of the
Services, superseding any prior agreements. You may be subject to additional terms and
conditions that may apply when you use affiliate or third party content or services. If any
provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the Terms remain in full force and effect.
No waiver of any provision of these Terms shall be deemed a further waiver or continuing
waiver or such provision or any other provision, and our failure to assert any right or provision
under these Terms shall not constitute a waiver of such right or provision. Nothing herein shall
be deemed to create an agency, partnership, joint venture, employee-employer or
franchisor-franchisee relationship of any kind between us and any user or other person or entity,
nor do these terms extend rights to any third party.
7.9 Investigations and Cooperation with Law Enforcement.
Dil Se Dating reserves the right to investigate and prosecute any suspected breaches of these
Terms or the Service. Dil Se Dating may disclose any information as necessary to satisfy any
law, regulation, legal process or governmental request.
8. TERMS APPLICABLE FOR APPLE iOS
If you are using the Services through an Apple device, the following terms apply:
(a) To the extent that you are accessing the Services through an Apple device, you
acknowledge that these Terms are entered into between you and Dil Se Dating and, that Apple,
Inc. ("Apple") is not a party to these Terms other than as third-party beneficiary as contemplated
below.
(b) The license granted to you in these Terms is subject to the permitted Usage Rules set forth
in the App Store Terms of Service (see: http://www.apple.com/legal/itunes/us/terms.html) and
any third party terms of agreement applicable to the Services. You acknowledge that Dil Se Dating
, and not Apple, is responsible for providing the Services and Content thereof.
(c) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or
any support services to you with respect to the Services.
(d) To the maximum extent not prohibited by applicable law, Apple will have no other warranty
obligation whatsoever with respect to the Services.
(e) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms,
you acknowledge that, solely as between Apple and Dil Se Dating, Dil Se Dating, and not
Apple is responsible for addressing any claims you may have relating to the Service, or your
possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any
claim that the Services fails to confirm to any applicable legal or regulatory requirement; and (iii)
claims arising under consumer protection or similar legislation.
(f) Further, you agree that if the Services, or your possession and use of the Services, infringes
on a third party’s intellectual property rights, you will not hold Apple responsible for the
investigation, defense, settlement and discharge of any such intellectual property infringement
claims.
(g) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party
beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of
these Terms, Apple will have the right (and will be deemed to have accepted the right) to
enforce these Terms against you as a third-party beneficiary thereof.
(h) When using the Services, you agree to comply with any and all third party terms that are
applicable to any platform, website, technology or service that interacts with the Services.
9. Updates to the Terms.
We reserve the right, at any time in our sole discretion, to modify or replace any part of these
Terms and any applicable Additional Terms, without prior notice. You agree that we may notify
you of any updated Terms and any applicable Additional Terms by posting them on the Services
so that they are accessible via a link from the home page, and/or to send you an e-mail to the
last e-mail address you provided to us. All such changes are effective immediately when we
post them, or such later date as may be specified in the notice of updated Terms and any
applicable Additional Terms. If you object to any such changes, your sole recourse is to cease
using the Services.